Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


There are two primary constitutional provisions which impact on the analysis of computer crime cases. The Fourth Amendment will present counsel with the bulk of issues, but you should also be on the watch for First Amendment issues. In this section, we will concentrate on the Fourth Amendment.
The Fourth Amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated."
Fourth Amendment issues are difficult enough in the physical world but they present potentially even more difficult issues in the cyberworld. To help ease you into those issues, we will discuss a Supreme Court case that forms the basis for some important search and seizure issues and two military cases that illustrate some of the difficulties you will encounter in analyzing government activities. Those cases are O’Connor v. Ortega, United States v. Monroe, and United States v. Simons. Let\'s examine each case.

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